<p> RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2007-00035 INDEX CODE: 137.04 XXXXXXXXXXXXXXXXXX COUNSEL: NONE HEARING DESIRED: NO MANDATORY CASE COMPLETION DATE: 12 June 2008 ______APPLICANT REQUESTS THAT: Her late husband’s marital status be changed from “single” to “married” in the year 2001, and that his records be changed to show he elected to participate in the Reserve Component Survivor Benefit Plan (RCSBP) under the automatic election coverage. ______APPLICANT CONTENDS THAT: She is the widow of a deceased Air Force Reserve member. Her husband never received notification that his automatic enrollment in Option A of the RCSBP had been initiated, or advised to make the appropriate changes to his record. After he was medically discharged in November 2001, her husband’s records did not reflect that he had been credited with 20 years of service and had been transferred to the Retired Reserve until October 2006, when she notified the Air Reserve Personnel Center (ARPC) of his death. Since her husband’s records did not reflect that he had 20 years of service, the system did not kick him in as an automatic enrollment for having 20 years of service when the new law of automatic enrollment became effective in January 2001. She and her husband were married in August 2001, and he was not aware that he was required to report any life changing events (single to married) to the RCSBP section of ARPC within a specified time frame. In support of her application, she has provided copies of a personal statement dated 14 December 2006, a medically disqualified memorandum, dated 19 October 2000, a reserve order, dated 19 January 2001, an NGB Form 22 EF, effective 3 November 2000, her marriage license, dated 31 August 2000, her husband’s Certificate of Death, dated 11 January 2006, and a letter from her Senator, dated 3 January 2007.. Applicant’s complete submission, with attachments, is at Exhibit A. ______STATEMENT OF FACTS: Applicant’s husband was assigned to the Retire Reserve in the grade of staff sergeant, effective 5 November 2000, and was awaiting retired pay at age 60 when he passed away on 18 December 2005 (age 45, DOB 1 June 1960). Once ARPC notifies reservists that they qualify for retired pay at age 60, they are eligible for the RCSBP. Complete information on the RCSBP is included in the packet provided by ARPC which is sent by certified, return-receipt mail, about 30 days after the “Eligibility for Retired Pay at Age 60” letter is mailed. Members must choose this coverage during the 90-day period beginning the day the “Reserve Component Survivor Benefit Plan Information” packet is signed for, regardless of their military status, age, or health. Reservists have three RCSBP options to provide protection for their families. By choosing Option A, a reservist declines to make an RCSBP election until age 60. They remain eligible to select RCSBP coverage at age 60, and no RCSBP is payable to beneficiaries if the member dies before reaching age 60. By choosing Option B, a reservist elects to provide coverage for an annuity to begin on the 60th anniversary of their birth if they die before reaching age 60, or to begin immediately if they should die after reaching age 60. The choice of Option C results in coverage for an annuity to begin immediately upon their death, regardless of age at the time of death. If the RCSBP Election Certificate is not received at ARPC, or postmarked within 90 days of receipt of the package, the reservist is considered to have made an election. If married, that election will be Option C, if not married, Option A. If a reservist is not married at the time of election, or divorces and remarries, they have one year from the time of marriage to add the new spouse to their RCSBP election. Due to significant changes and improvements to the RCSBP, four open seasons have been legislated by Congress in 1981, 1992, 1999, and 2005. ______AIR FORCE EVALUATION:</p><p>2 ARPC/DPP recommends denial; however, if the decision is made to grant the relief sought, they recommend that applicant’s husband’s records be corrected to show he elected full and immediate coverage for spouse only (Option CA) under the RCSBP, effective 31 August 2001. Her husband retired under the provision of the Reserve Transition Assistance Program (RTAP) which allowed retirement for those who had 15 but less than 20 years of satisfactory service. He retired with 18 years of satisfactory service based on medical disqualification, and was assigned to the Retired Reserve on 5 November 2000. He was notified of his eligibility to participate in the RCSBP by letter dated 20 February 2001. The RCSBP election package was sent by certified mail, and an individual named XXXXXX signed for it on 8 March 2001. He was divorced at the time and did not make an RCSBP election. He was automatically considered to have elected Option A, declining making an election until age 60. Applicant and her husband were married on 31 August 2001; however, he did not notify the ARPC RCSBP section of his change in marital status within a year as required by law and explained in the RCSBP package previously mailed to him. He died on 18 December 2005. Had he lived, he would have been afforded another opportunity to make a RCSBP election upon reaching age 60. The applicant’s initial conversation with the ARPC RCSBP office was to notify them of her husband’s death, and at that time the system reflected her husband as being divorced. She was informed that she might qualify for certain benefits depending on review of the divorce decree, as ARPC was under the impression that they were speaking to the former spouse. Upon review of the divorce decree and marriage certificate provided by the applicant, it was noted that she was not the former spouse, but the new spouse, who would have been eligible to receive RCSBP had her husband taken the appropriate steps to change his status from divorced to married, and made an RCSBP election change due to a life changing event. Any election made by the service member must be written, signed by the person making the election, and received by ARPC or the Secretary within the timeframes specified by Title 10, United States Code. Unfortunately, applicant’s husband did not do this upon initial RCSBP eligibility notification, or his remarriage to applicant. Since her husband was eligible for retired pay at age 60, applicant is eligible for an ID card, BX and commissary privileges, and to apply for medical and dental benefits through the TRICARE program when he would have turned age 60. She may also be eligible for benefits through the Veterans Administration.</p><p>3 The ARPC/DPP evaluation, with attachments, is at Exhibit C. ______APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A complete copy of the evaluation was forwarded to the applicant on 2 February 2007, for review and comment, within 30 days. Applicant responded on 1 March 2007, and requested to temporarily withdraw her case. On 3 May 2007, she requested that her application be reopened and a decision rendered. Applicant’s complete responses are at Exhibit D. ______THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of error or injustice. After a thorough review of the evidence of record and applicant’s submission, we are not persuaded that the deceased member’s records should be altered so that his surviving spouse would be eligible to receive a RCSBP annuity. Applicant’s contentions are duly noted; however, we do not find these assertions, in and by themselves, sufficiently persuasive to override the rationale provided by the Air Force. Applicant’s late husband did not make an RCSBP election upon initial eligibility notification, within one year of his remarriage to applicant as required by law, or during one open season that followed his retirement and his remarriage to applicant. We therefore agree with the recommendations of the Air Force and adopt the rationale expressed as the basis for our decision that the applicant has failed to sustain her burden of having suffered either an error or an injustice. In view of the above and absent persuasive evidence to the contrary, we find no compelling basis to recommend granting the relief sought.</p><p>______THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the application was denied without a personal appearance; and </p><p>4 that the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. ______The following members of the Board considered Docket Number BC- 2007-00035 in Executive Session on 7 June 2007, under the provisions of AFI 36-2603: Panel Chair Member Member The following documentary evidence was considered: Exhibit A. DD Form 149, dated 12 Dec 06, w/atchs. Exhibit B. Applicant's Master Personnel Records. Exhibit C. Letter, ARPC/DPP, dated 1 Feb 07, w/atchs. Exhibit D. Letters, Applicant, dated 1 Mar 07 and 3 May 07. Exhibit E. Letter, SAF/MRBR, dated 2 Feb 07.</p><p>Panel Chair</p><p>5 DEPARTMENT OF THE AIR FORCE WASHINGTON, DC</p><p>Office of the Assistant Secretary</p>